Rice v. State

Graves, Judge.

Appellant was convicted for the offense of rape on his ten-year-old daughter, and awarded a penalty of five years in the penitentiary by the jury.

There are two serious propositions presented in this case, either one of which, in our opinion, is sufficient to cause a reversal hereof.

Before the trial of this case began an affidavit of W. E. Rice was filed and presented to the court, such affidavit setting forth the fact that appellant was insane, and a person of unsound mind, and was incapable of making a rational defense of the charge made against him. Based thereon the…